concerns himself to ensure ethical conduct
Topeka ? Republican attorney general hopeful David Adkins was disciplined in 1994 for drawing legal fees from a client’s account after she had died.
Adkins received an “informal admonition” for violating standards of professional conduct for lawyers. That is the lightest form of punishment from the Office of the Disciplinary Administrator, a state agency that handles complaints against attorneys.
Adkins, a state senator from Leawood, conceded he made mistakes but said he wasn’t trying to deceive anyone.
The dispute stemmed from his handling of the finances of Julie Mahaffie, whom he legally represented.
Mahaffie was in bad health and asked Adkins to help manage her finances, saying she didn’t want to involve her children, according to an investigative report by the disciplinary office. In December 1991, while in failing health in a Johnson County nursing home, she gave Adkins the power of attorney. She died Jan. 12, 1992.
The day after her death, Adkins met with her heirs. “Adkins says he told the children what he had been doing for their mother, how he was acting as ‘cashier’ and he says they wanted him to finalize her affairs,” the investigative report says.
Adkins continued to draw checks from her account for legal expenses  the four checks totaled $1,134.
The heirs became upset with the withdrawal of funds, saying they thought Adkins had said he would wrap up her finances for free.
When Adkins learned the heirs were upset he “self-reported” the situation, meaning he wrote a letter to the Office of Disciplinary Administrator and asked the office to decide if he had breached any ethical standards.
Contacted Monday, Adkins said, “I acted in what I believed to be the interests of the family at all times. It was a breakdown in communication.”
The investigative report said Adkins had no recollection of discussing whether to wrap up Mahaffie’s finances for a fee or for free.
The investigator for the disciplinary office said Adkins was “sincere and credible” but that he had made no clear arrangement on legal fees.
“The fact that Adkins approved and paid his own bills is troubling, but he never tried to hide this fact and the bills do not seem to be out of line,” the investigative report said.
But the report said Adkins did not have authority to act on Mahaffie’s behalf after she became disabled nor after she died.
Adkins said he should have gotten in writing any agreement between himself and the heirs.
The informal admonition, a penalty given for minor violations, was imposed Aug. 16, 1994, by Bruce Miller, who was then disciplinary administrator.
In an informal admonition, the attorney is warned and told not to repeat the conduct. In a note on the official admonition, Miller wrote: “Great attitude. Will not be back.” Officials at the disciplinary office said the notation referred to Adkins.
Adkins faces Phill Kline, a former state representative from Shawnee, and Charles McAtee, an attorney from Tecumseh, in the Aug. 6 Republican primary.
On the Democratic side, Chris Biggs, Geary County’s chief prosecutor, has filed for office.
Earlier this month, Adkins criticized Kline for allowing his law license to lapse three times. Kline said he allowed his license to lapse twice while he pursued other interests, and once by oversight. None of the lapses were due to disciplinary action.

